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International Investment Arbitration in Africa: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

Investment in Iran After Implementation Day

January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more

Investment in the Power Sector in Emerging Markets

Power generation financing comes with risks, but finding ways to mitigate these risks provides opportunities for rewards. As the world's energy dynamic is changing in response to powerful economic, security of supply,...more

Energy Newsletter - November 2015

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by Retroactive Legislative Changes - Introduction: In recent years, project developers,...more

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by...

In recent years, project developers, investment funds, and energy companies have invested heavily in renewable energy as a result of incentive programs offered in the legislation of countries such as Germany, Spain, and...more

MEasure - Summer 2015

Welcome to the Summer 2015 issue of measure, King & Spalding’s Middle East quarterly newsletter. This issue covers a number of areas with interesting developments and valuable guidance. Phillip Sacks and Jodi Norman discuss...more

UPDATE – Indonesia’s New Draft Oil & Gas Law

Indonesia has recently made public a full copy of its draft oil and gas law for review and parliamentary discussion. By way of update to our client alert of 21 April 2015, we can now review the further revised and full...more

Indonesia’s New Draft Oil & Gas Law

Legislators in Indonesia have recently suggested that all petroleum production operations should effectively be state controlled, making many foreign investors in south east Asia’s largest country fear that their assets could...more

Arbitration Roundup

Emilio v. Sprint Spectrum L.P., Case No. 14-732-cv (2d Cir. Nov. 12, 2014) (affirming denial of motion to vacate award; district court did not err by finding that arbitrator did not exceed powers nor manifestly disregard law...more

The New UK Oil and Gas Authority Issues An Urgent Call To Action

The nascent UK Oil and Gas Authority (“OGA”), has issued an urgent Call to Action report setting out the main risks facing the UK oil and gas industry: insufficient profitablity leading to pre-mature asset decommissioning and...more

Structuring Energy and Natural Resource Investments into Sub Saharan Africa

An improving investment climate - Perceptions of Africa as an investment destination are changing rapidly and parts of Africa are increasingly considered very attractive for foreign direct investment. Compare this to...more

Indian Supreme Court Cancels Mining Concessions

On 24 September 2014, the Indian Supreme Court cancelled 214 out of the 218 existing coal-mining licenses. The only mining licences which were not cancelled were four coal blocks made to Government controlled undertakings...more

Energy Charter Treaty and the YUKOS/Russia experience

On 28 July 2014, the Permanent Court of Arbitration in the Hague published a final award in an Energy Charter Treaty (ECT) arbitration that has been active for the past decade, ordering the Russian Federation (Russia) to pay...more

Italian Government Cuts Incentives for Photovoltaic Plants

The final wording is not yet official, and there may still be some last minute changes before its publication in the Official Gazette, but the Italian Ministry of Economic Development and the Ministry of Finance felt certain...more

Indonesian Government Imposes Export Ban on Nickel and Bauxite

As of January 12, Indonesia has banned the export of the unprocessed ores, nickel and bauxite. The ban may have consequences for investments in the area and could trigger international claims by foreign investors and...more

Australia: new government may lead to opportunities for investor/state arbitration

This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for investor-state arbitration in Australia. First, the new government has reviewed its position...more

Energy Newsletter - December 2013

In This Issue: - Energy Trading Disputes: Gas Price Reopeners - Mongolian Mining Sector Update: Regulatory Uncertainty and Risk Mitigation Strategies - An Introduction to Reserve Based Lending and the UK...more

Recent Developments: Kenya—What Legal Options are Available to Mining Companies?

Foreign mining companies with investments in Kenya whose mining licenses are cancelled and/or whose revenues decrease as a result of these new drilling charges and/or royalty schemes may be able to bring compensation claims...more

Recent Developments: Zimbabwe—What Legal Options are Available to Mining Companies?

President Robert Mugabe of Zimbabwe, who has been in power since 1980, was re-elected to another term on July 31, 2013. On August 6, 2013, the government announced plans to seize control of foreign-owned mining interests,...more

The Projects and Construction Review, Chapter 22 "Italy"

The current state of Italian project finance is the result of a trend initiated more than 20 years ago, when public resources started to become scarce and the construction or infrastructure needed private funds to be carried...more

Dispute Resolution: International Arbitration: Energy Trading Disputes: Investment Treaty Protection for Hedging Agreements and...

Introduction - Energy trading houses have progressively emerged as major players in the worldwide energy sector, matching supply and demand by purchasing, reselling, and shipping commodities across the globe. While...more

Market Entry: United Arab Emirates (Dubai and Abu Dhabi)

The United Arab Emirates (UAE) is a federation of seven Emirates established by a constitution that was promulgated in 1971. Abu Dhabi is the largest of the seven Emirates by geographic size and holds most of the hydrocarbon...more

Resource nationalism and its impact on infrastructure projects

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states...more

DISPUTE RESOLUTION: International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis...

A recent decision in the investment treaty case, Electrabel S.A. v. the Republic of Hungary, represents an important contribution to the rapidly-growing case law concerning the relationship between EU law and intra-EU...more

Abu Dhabi Oil & Gas Update: Investment Protection

The United Arab Emirates and the Emirate of Abu Dhabi do not have any domestic laws to protect foreign investors from nationalization or expropriation, but the UAE is a signatory on a number of bilateral investment treaties...more

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